>> good morning to you. i am heather nauert. >> i am ainsley earhardt. thank you for watching fox and friends first. it's time now for the 5@5:00. against president morsi's power grab. oo clashes continued overnight after morsi refused to reverse his decrees. he met with egypt's top judges

and told them the powers are meant to be temporary. they had a mass froes but canceled them to avoid any clashes. two men are arrested for their roles in the fast and furious operation. he was sentenced to 3 and a half years behind bars and shawn stewart sentenced to nine years. both men illegally purchased weapons and smuggled them into mexico in order to give to members of drug cartels there. fast and furious was -- two were found at the shooting of border patrol agent brian perry. an ohio mother is under rays after her 3-year-old son's body was found in a treatment plant. his mother called 911 claiming he disappeared from a park. >> i am at a park and my son is

missing. i was looking every where. >> police say the story started changing as she failed a polygraph test. one of the other children was pointing to a garbage truck around where he disappeared. they decide to do check the landfill. his body was found in a trash bag. she is being held on murder charges. here's a lesson of what not to do at airport security if you are packing dynamite. the 60-year-old made the remark at the airport. he then said evidences just joking. no one there was laughing at it. the entire concourse had to be shut down for two hours. no explosives were found. he was charged with falsely reporting a bomb at an airport. >> $42 billion that's the price tag for the damage left behind

from super storm sandy. cuomo is asking the government for 43 billion to repair homes and 9 billion to put preventative measures into place. it destroyed 305 homes in new york an executive and trustee with long island power authority resigned. lipa has come under tins criticism for the slow sandy response. >> that's your 5@5:00. an extreme weather alert to bring you this morning. let's get right to maria molina she is tracking thunderstorms th -- snowstorms. >> good morning everyone. we are tracking a storm system that will produce areas of trouble across portions of the east. it is already doing things this morning. it is across parts of

pennsylvania and ohio and portions of new england. the good news is it's not too strong and it will be a relatively good hurt. by tomorrow the storm will be gone out of the northeast and out of the southeast. it will stretch through the northeast and portions of texas and louisiana. they will have areas of rainfall and thunderstorms. here's a look at the snowfall. we have some of the white stuff across pennsylvania. it will be accumulating in spots. we are not expecting circulation because it doesn't have too much moisture with it it's not a very strong storm. 2-4 inches across portions of the state of pennsylvania. new york city you are not looking at anything being to the north of your area. new york and connecticut already dealing with the snowfall. we could see some of it creep southward as we head to later on this morning and some of it

could be rainfall. it will be a mess across new york city long island and the state of new jersey. here's a look at the winter weather advisories. when you see the white that's where we expect snowfall accumulations 2-4 inches. generally speaking light accumulation, 1-3 inches in the forecast. temperatures behind the storm much colder 17 right now in minneapolis, 20 in chicago and here is a quick shot of your high temperatures, but heather and ainsley, it's going to get chilly behind the storm's high temperature in new york city today, only 39. >> a big footprint for that storm. maria check in with you later. >> 9:30 eastern time susan rice will face pher biggest critics n capitol hill. she will meet with john mccain lindsay gram and kelly eye ott to answer questions about the deadly attack in benghazi. kelly wright has more this morning.

>> good morning to you. it appears to be the frounter for being possibly nominated as the new secretary of state. if she is nominated she will need to be confirmed by lawmakers. she will face some today who were not impressed at all with her handle eing of benghazi. susan rice will face her toughest critic after comments she said five days after the attacks on the benghazi consulate. >> what happened initially it was a spontaneous reaction to what had just transpired in cairo as a consequence of the video. >> that explanation byam ambassador rice continues to dog her. republicans on capitol hill john mccain telling fox news bill o'reilly rice failed to act.

>> don't we all have a responsibility before we go out and talk to the american people and all five sunday morning shows for verifying those facts are true? there was class fighted information which she has access to which clearly contradicted that. she also by the way said al qaeda was decimated along with bin laden being killed. al qaeda is not decimated. al qaeda is roaring back in most parts of the mid eels. the attack happened two months ago on september 11th. lindsay gram and kelly eye ott will meet with ambassador rice today. they will try to get to the bottom of the attacks on benghazi. the white house shows strong support for the ambassador. >> ambassador rice has done an excellent job for the united nations and is qualified for a number of positions in the foreign policy arena. i will leave it at that. >> president obama shows his

support of susan rice as well. he had his first white house news conference after his election. the president took exception to republican senators critical of rice. if they want to come after any one they should come after me. >> kelly wright, thank you very much. senator lindsay graham is one of the three senators who have a lot of questions for ambassador rice. >> he gave us a preview of what he will be looking for during today's discussion. >> she asked to meet with us i will listen to what she has to say about her role in benghazi. the more i know about benghazi the more upset i am that the consulate was even open on september 11th. when you look at the history about the dangers we should never have been open or heavily reinforced. during the attack i am more core

idea about how we couldn't help them for 7 hours. a spontaneous event caused by video turn nude a riot is less credible than ever. i want to listen to her side of the story. the most basic information on what happened on the night of the attack and what survivors had to say after the attack is not being provided and we will talk more about that tomorrow. long story short, i know very little from this administration about what happened in benghazi and what i am finding out on my own makes me very upset. >> senator graham will be joined by senator mccain at the meeting later this morning. senator mccain is also talking about know big topic the fiscal cliff. he says the current tax cuts could be extended for another six months. >> meeting this week is interesting. to be a sense of

urgency as the market indicates. i think it depends on both sides and what they view is the lesson of the election. republicans maintain their majority in the house. the preside there's a possibili could kick the can down the road for 6 months or so by putting everything on hold. if you are really going to solve this problem if you are really going to address it you have to go after entitlements. everybody knows that's the third rail. that part has to be bipartisan the way it was with tip o'neil and ronald reagan. >> the fiscal cliff making investors nervous but not consumers. that's one of the stories you can bank on this morning. if you looked at cyber monday all of the deals you are not alone. early numbers show that sales were on track to break records. lauren simonetti joins us to look at these numbers. >> i went shopping yesterday, did you?

>> i did, actually. >> as of 9:00 p.m. last night on-line sales were up more than 28 percent over last year. the topics amazon kindle fire followed by the boot, mobile commerce. >> proving to be more of a growing trend more than a 5th of us used mobile devices to purchase. >> operation santa starting it's 100th year. >> it's the 100th year birthday. more than 1 million santa letters are expect to do come into the post office. it links anonymous donor with a child to have their christmas wish list fulfilled. super storm sandy has increased the number of families in need and dressing the number of donors. if you are looking to fulfill one of those holiday wish lists

go to on-line operation letter to santa.com for more information. >> kids are willing to do just about anything in order to get toys from santa. >> a wal-mart survey finds they will do just about anything. almost anything. 68 percent say they will clean their rooms for a year. 84 percent said they will work hard and give up play time. only 23 percent would actually eat spinach for a year to get the toys they want for christmas. >> i would. >> i would clean for a year. >> thank you so much, lauren. good to see you. when it comes to kids going to great linth for what they want for the holidays doesn't matter if they are on the naughty or bad list. they got the same amount of toys if they behaved badly or were little angels.

62 percent of kids believe they will get more gifts if they stay on the nice list. we wanted to know if your kids are landing on the naughty or nice list this year send your comments over to us. you can tweet them to us@fox friends first or shoot us an e-mail to foxfriendsfirst@foxnews.com. we will read some of those comments later in the show. it is now 13 after the hour. coming up, could obama care be heading back to the supreme court? a judge paving the way for one university to take their legal fight all of the way to the top. >> last year the decision to call it a holiday tree started a real firestorm so what is the governor doing this year? she is pulling the plug on the state's christmas tree all together. we will tell you where this is happening. [ male announcer ] in blind taste tests, even ragu users chose prego. prego?! but i've bought ragu for years.

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>> it's 16 minutes after the hour. here's what you missed while you were sleeping. the largest organic peanut butter processing facility is shutting down. they sound salmonella. 41 people became sick in september and most of them were children. a first-hand look at what it was like to be near the explosion in springfield, massachusetts. police releasing that video from a nearby surveillance camera. the blast leveled one business and damaged several buildings. heather? >> ainsley, thank you so much. have you already started your christmas shopping. if you did there's a new study that shows will you spend an average of $750 this year. don't fall into the trap of spending more than that. here was five ways that we waste money over the holidays with

personal finance expert vera givens. good first step. what is it? >> have a budget. have a list. whittle the list down. many are shopping without a list without a budget. we are spending 14 million americans are carrying debt from last year. >> last year's christmas? >> last year's christmas. we are on track to have a record cyber monday, 5 billion, 59 billion over the four-day thanksgiving break. people are spending too much. >> it adds up quickly. so you say don't pay too much for shipping. how do you avoid that? so many retailers make you pay for your own shipping. >> unless you spend a certain amount. if you plan on shopping on-line which a lot of people are one way is to order it on-line and have it shipped to the retailer brick and mortar location. >> then you have to pick it up. >> you are saving $25. who cares. another thing is free shipping

codes. look for those on-line. then there's free shipping day september 17th you have a thousand merchants participating in this they guarantee delivery by christmas eve november 24th. no shipping. >> december 17th. >> good piece of advice for comparison shopping. >> people are getting better at this. you want to do this before you head out making good deals. there are sites, web sites, google shopper, consumer world.org has a good price checker. price histories.com to see how much it was 6 months ago verses today. >> your credit score could take a big hit. sign up save 15 percent. if you sign up for too many your credit score could dtake a hit here. the interest rates on these

things is over 20 percent. another big thing they push is the extended warranty. we spend over a billion dollars over the holidays. >> is it worth it? >> no it's a money maker for retailers. consumer reports find generally speaking you don't not need the extended warranty. >> avoid that extended warranty. vera givens thank you. talk to you real soon. still ahead danger is lurking in your morning juice or fruits. we have warnings for you about grapefruit and popular medications all of this is now being expanded. we will explain. last year the decision to call it a holiday tree instead of a christmas tree started a real firestorm. what is the governor of that state doing? he's completely pulling the plug on that state's christmas tree. we will tell you all about it. we will be right back. cli

>> good morning to you. it is 24 minutes after the hour. the supreme court clearing the way for blisht university to keep fighting obama care. the christian college in virginia is challenging the employer mandate and also the contraceptive coverage mandate. the school said it violates religious beliefs. a rare and cool site on the big island of hawaii. look at this right here. lava is flowing so fast from the kilauea volcano it is reaching the ocean for the first time in nearly a year. kilauea is the moat active in all of hawaii's volcanoes. it has been erupting since 1983. >> thank you. computers from mid atlantic and

northeast bracing for a wintery mix this morning. snow and rain moving in from the midwest and both have paid a visit to buffalo, new york. issued a winter weather advisory for parts of west virginia, maryland, pennsylvania and new jersey. wtsx stephanie esposito is live with all of the preparations for us. good morning, stephanie. >> good morning ainsley. quaker town is about an hour north of philadelphia. there is not any snow on the ground here just yet. you are taking a live look at route 309. all is clear but it is cold. when we left philly around 3:00 it was 37 degrees. right now in quaker town it's about 32 degrees which is why penndot had all of the salt trucks out preparing for whatever may come today, whatever may stick on the roads chld we see the salt trucks out on the turnpike but not on any of the side roads. so it could be a sloppy compute

at least on the side roads if the forecast and wintery mix stick. for right now back here live all is clear. there are no major problems that shouldn't effect anybody's commute just yet. >> we will be prepared, though. stephanie esposito is live for us. >> it's a big footprint. >> it is 26 minutes after the hour. coming up this guy's boat capsized but listen to this. he was able to survive 7 hours at sea clinging to the lid of an ice cooler. we will tell you about this. >> plus there are already 425 million reasons to buy that power ball jackpot tickets. soon there might be more we will explain. first back in 1976 queen released the hit single "somebody to love." ♪

can i help you? i heard you guys can ship ground for less than the ups store. that's right. i've learned the only way to get a holiday deal is to camp out. you know we've been open all night. is this a trick to get my spot? [ male announcer ] break from the holiday stress. save on ground shipping at fedex office. has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

>> welcome back to "fox & friends first". >> i am heather air hea >> brand new surveillance video catching a fighter jet as it crashes into an apartment building. the incident happened in

virginia beach back in april. watch this right here as the jet flies right by. seconds later you can see the smoke from the fire fill the sky. amazingly and thankfully no one was killed in this crash. although the impact injured 7 people and destroyed 27 apartments. the crash is being blamed on a rare engine malfunction. >> a florida fisherman alive today thanks to that the lid of a cooler. the boat he and his brother were on started sinking they didn't have time to get the life jackets so instead he clung to the only thing he could find a cooler lid for 7 hours until help arrived. >> this gentlemen we came on scene this was the only thing he was holding on to. he probably weighed 200, 220 pounds. >> the weight was too big it capsized the boat it happened so fast. >> his brother was on the boat with him he slwam to shore and

called for help. governor of rhode island is pulling the plug on an annual tradition there. he is cancelling the tate's official christmas tree lighting ceremony. some were saying the event was canceled to avoid controversy over last year's holiday tree instead of a christmas tree. a republican lawmaker hopes she plans her own tree lighting ceremony at the state house. there's a new danger of combining grapefruit and medications. the list of drugs has grown from 17 to 43 including heart drugs, sleeping pills, antibiotics and more. the chemicals in the fruit prevent the body from breaking down the drug making it more potent and equivalent to an overdose. d kidney failure irregular heartbeat and even death. the signs say 145 million but it

could get bigger. there has been a massive frenzy of ticket sales since sunday. lottery officials are considering boosting the jackpot to look at current and estimated ticket sales to make that decision later today. the drawing is tomorrow night. that is your 5@5:30. >> if we are not here monday you will know why. maria molina is here. >> good he morning everyone. they were tracking a large frontal system that will be producing a messy commute for many people who live along the eastern third of the country. we have snow coming out of portions of the northeast and new england. widespread area of showers and thunderstorms. in virginia and the carolinas into louisiana and texas. it's a large storm system. if includes the state of ohio most of that already over now. we have accumulation over parts

of pennsylvania and good news it will be a quick mover it doesn't have a lot of moisture in it. they have site accumulations here and there. you will see the snowfall to the north of the city we should be moving southbound as we head toward the next couple hours. 2-4 inches in the state of new jersey and pennsylvania into parts of the state of west virginia. you will be looking at more accumulations of snowfall there. timing of the storm system. here's is a look at the radar map. moving quickly off to the east. new york city you should be seeing snowflakes by noon today across parts of connecticut by then the city of boston dealing with it. philadelphia you are on the edge of that rain snow line. you could have sleet across the city and a bit of a messy commute out there. take a look at 6:00 p.m. tuesday most areas already dry. we are expecting a quiet stretch

of weather around the next couple days. when the storm is gone it will be quiet behind it and also cold. take a look at current temperatures only in the teens behind the storm over in chicago. >> we will be ready thanks to you. thank you maria. the president and congressional leaders tackling the fiscal crisis. today house republican leaders will meet with ceo's they will support reforms and the president is set to do the same tomorrow. doug luzader joins us live with the latest. >> some republicans may be willing to seed some ground on taxes but will the president budge on his top tax rates must go up. the state of the fiscal cliff negotiation may really ride on that point. now at a white house briefing they need to double down on the long held belief households with income above 250,000 dollars must pay a higher rate. they are open to higher taxes

but they are pushing the idea of eliminating deductions for high income earners. >> we will continue to wait on the president and hope he has what it takes to bring people together and forge a compromise. if he does we will get there and if he doesn't, we won't. it's that simple. >> president obama is going to meet with the carefully selected group of business leaders to get their input. how the republicans will do the s same. there will be little room for compromise. >> they once again urged the senate to pick up the house passed bill extending the hacks breaks for millionaires and billionaires. as president the senate has considered this bill. we jeekted it on a bipartisan basis. it was load down in this congress. >> republicans are looking for

some willingness on the part of the white house to cut spending or maybe tackle big costly entitlement problems for medicare and medicaid and social security. is there time fov the big fix in place before we reach the fiscal cliff before the end of the year. thank you doug. time for a look at what is talking. another big talker this morning the growing situation in egypt. following a cease fire between israel and gaza president mohammed moresy is granting himself sweeping power causing a major firestorm. >> that move sparking four-days of violent protests in cairo and across the country. however supporters say the increased powers he granted himself are only temporary. opponents believe this is simply a wider part in order to instill islamic or shirea law in egypt. that they think is the overall

object i have. >> white house smokes man jay carney talked about whether our president has been in contact with morsi since this power grab move? >> we have been and continue to be engaged substantially with ee gicht as the process continues. when there are reasons to raise concerns we raise them. >> (inaudible question n. ( () >> he has not spoken with president morsi since the cease fire but if i have updates i will bring those to your attention. >> should we see this president reach out directly to president moresy to ask what are you doing? >> # president spoke on numerous occasions about the violence in gaza. he spoke with him before that

and will continue to speak with him going forward. >> are these developments an issue for the administration. that's what the special report fanl it is talking about. he is saying yes it is. >> at the end of the day we are watching egypt and not even in slow-motion. rapid order turned into a new muslim dictatorship that will have moran tie american notes than the previous egyptian dictatorship. that is a real problem for the obama administration. i don't know how you can go any other way. they have not been critical of a country where a guy is a member of the a cultish theo kratic multi fascist organization that has power ore his country. they refuse to be critical because he helped with a temporary cease fire and a fight between hamas and israel. >> morsi had plans for a protest

in the square. actor angus p. jones doesn't want to be on 2 and a half men any more. the 19-year-old star trashed the show in new video. >> if you watch 2 and a half men please stop watching two and a half men. i am on two and a half men i don't want to be on it. please stop watching it. please stop filling your head with filth. >> i am not okay with what i am learning what the bible says and being on that television show. >> jones says he turned to religion after a battle with drugs. >> boy meets world stars ben savage and daniel signed on to join the sequel to the hit 90s sitcom. the new show will be called girl meets world and revolves around the couple's daughter. she is following in her mother's modeling foot steps. anna mick in coal smith's 6-year-old daughter the new face of guess kids.

their father says the photos are a tribute to anna nicole who appeared in the de siren's ads from 1992 to 1993 she died of 2007 of an accidental drug overdose. >> talk about some sports now. take a look apart the lineup of the sports stories. two of the teams with the worst records in the nfc. they had the lead but couldn't hold on to it. the panthers chaim oame out on . this is the 7th loss in a row. heather childers is happy with this one. >> an exciting start for the east river rivalry between the nets and the nicks facing off in brooklyn. at the end of the 1st qua4th qu they were tied at 84. that's when the nets out shot the knicks 96 to 89. now to baseball furred base man for the tampa pay rays longoria

agreed to a new contract that would extend his contract to ten years. he will be given $100 million in addition to the deal that is already in place. it is 41 after the top of the hour he promised obama care would save people money why are they looking for an $8 billion price tag for medicare. >> teens caught by police vandalizing mailboxes made to do pushups as a punishment. now the police officers may be punished themselves. is it fair? we report you decide.

>> it is quarter to the top of the hour. teens punished with pushups after they are busted for messing up a mailbox. north providence police chief says the four officers are under investigation. the picture of the world's most

infamous iceberg about to go up on the auction block. >> it's the only known picture of the iceberg believed to have taken down the titan tick. it was snaped by the captain of another ship two-day brothers the titan snaing. the photo expected to fetch 10,000 dollars when it is sold next month. >> look at that right there. 5:45 on the east coast. the states are grappling with whether to keep medicare plan. it would cost the government in other words taxpayers more than $800 billion. we are here to breakdown that number. diane macedo from the fox business network. really 800 billion? >> that's right. it is a little complicated when you look at how it effects the state. they will be facing significantly higher medicaid

costs regardless of where they expand or not. with all states expending medicaid no states expending medicaid no reforms at all found states will face 68 billion in additional medicaid even if they all leave their medicaid plans as is. expanding would cost them 8 billion more even without the expansion other provisions of the health reformula will reach medical enrollment. it seems like a pretty good deal for the states it is worth noting these costs aren't equally distributed. they have the smallest medicaid program and therefore has the biggest expansion while a handful of other states expand their eligibility before the affordable care act. they will be making money off the deal. that money has to come from somewhere and while medicaid

expansion may not be a huge expense for the state the study shows on the federal level it will cost taxpayers $800 billion and that will ensure about 10 million people. >> that is coming directly from our wallets. diane macedo thanks a lot. police listen to this one, in the casey anthony case. admitted they missed an important google search on anthony's computer. full proof suffocation. would this vj a game changer? ? >> we told you a lot of kids are still getting presents even if they are on the nouty liaughty . are your kids on the naughty or the nice list? we will read some later in the show. with will see what peter doocy has on fox and friends.

>> good tuesday morning. fox and friends kicks off in about 12 minutes from now. we have a woman whose home was damaged during sandy. she is a victim. she says the president of the united states broke his promise to her after sandy. stewart barney says 2013 shaping up to be 1937. the five best and worst foods to sleep on at the conclusion of the first hour of "fox & friends" kicks off right here on the fox news channel. these smartphones come with a bonus $100 walmart gift card? that's right. so it's like i won. sure. oh my gosh i won!!! i won!!! [ male announcer ] get a $100 walmart gift card when you buy any android or windows 8 smartphone. through december 1st. from america's gift headquarters. walmart.

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>> a bombshell development in the casey anthony case. they missed the google search done by someone in the anthony

household with the words full proof suffocation. the search done the very same day that 2-year-old kailee anthony was last seen alive. could this information have changed the outcome of the trial? let's ask criminal defense attorney and legal analyst arthur eye daidala. could it have changed anything? >> yes. it could have. you never know what a juror is going to hold on to. however 12 people found they didn't meet their burden of proving their case beyond a reasonable doubt. the likelihood it would not have changed anything. ad it is hard for me to believe that the district attorney's office didn't know this. >> if that's the case why would they hide it? >> they had a very specific theory of their case when george, the dad -- the last time he had caylee. that google search didn't fit in with that time line.

they don't have to present all of their evidence to the jury. they have to give it all to the defense attorney. jose bias wasn't surprised when his investigators found it. in the real world of criminal law it is so uncommon for the defense team to find evidence that the prosecution didn't. their resources, the prosecution team, they have hundreds of lawyers, hundreds of investigators, hundreds of experts. this computer had to have ripped apart by the da's office looking at every single thing in there. if they missed it it's like fox news fror getting to announce the results of texas in the presidential election of the that's the revel of incompetence. a little baby dies you can't make that mistake. i was a prosecutor. i would have been fired. >> turns out they are searching

internet explorer. >> i am no technical guy. but even i know what to do and what not to do. it will be interesting. >> someone in the household did search for chloroform or chlorophyll or whatever it is it didn't help in the case. >> probably wouldn't have changed anything. >> coming up casey anthony's defense attorney jose bias will be here on fox friends for a discussion on what was going on here and how it could have changed the situation in the case. still ahead do you hate talking to people when you get up in the morning? steams you are not alone if that's the case. your brew on this responses will be coming up as well. care fortunately we've got ink. it gives us 5x the rewards

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goodinh>> it is 58 after the hour. first the good, bad and ugly. this seal nearly died from a fish hook injury is now

recovering. the seal had a hook in her mouth three weeks before being rescued. next the bad. half of the adults questioned in a survey consider themselves grumpy when they wake up. and finally, the ugly. couple of emus on the loose. they flew the coop in syndny. it is time for your view on the question of the day. responses. earlier we told you about a survey that children got the same amount of toys whether they were good or bad. here are some of your responses. karen said i am a grandmother are they anything but perfect little angels in a grandparent's mind. when they aren't we send them